AfriForum lost its application in a bid to stop the signing of a bilateral protection agreement between South Africa and Zimbabwe in the North Gauteng high court today.
This order was made as a result of AfriForum indicating to the government of South Africa that it wished to withdraw its application for an interdict preventing the government of South Africa from signing the agreement for the promotion and reciprocal protection of investments. The government agreed to an out court of settlement on its terms, which was subsequently made an order of court.
AfriForum claimed in its court application that the signing of the investment protection treaty with Zimbabwe violated their rights in terms of a ruling of the Southern African Development Community (SADC) tribunal, the South African Constitution and international law. All these claims were agreed between the parties to be unfounded.
Accordingly, the court order stated the following
“By agreement between the parties it is recorded that:
* The proposed bilateral agreement for the promotion and reciprocal protection of investments (BIPPA) between the government of Zimbabwe and that of South Africa, to be concluded on 27 November 2009 in Harare, aims to create legal and other remedies for South Africa citizens over and above existing remedies in terms of international law.
* The first and second respondent hereby give the applicants (and other South African citizens in the applicants’ position) the assurance that promotion and reciprocal protection of investments does not affect existing rights or remedies in terms of other sources of international law, in particular those in terms of the treaty of the Southern African Development Community (SADC).
* Thus the efficacy of the rulings and orders by the SADC tribunal in Mike Campbell (PTY) Ltd and others versus Republic of Zimbabwe (2008) SADC (T) February 2007 (28 November 2008) and William Michael Campbell and another versus the Republic of Zimbabwe (2009) SADC (T) March 2009 (5 June 2009) is not affected by entering into the proposed promotion and reciprocal protection of investments, which rulings and orders the government of the Republic of South Africa respects and undertakes to honour in terms of its own obligations in terms of the SADC Treaty.
* The matter is removed from the roll, with no order as to costs.”
(End of court order)
Due to the application for the urgent interdict failing the signing ceremony scheduled for Friday, 27 November 2009, will now go ahead. The conclusion of this treaty is important for the expansion of relations between South Africa and Zimbabwe.
The treaty will assist with the recovery of the Zimbabwean economy as it will encourage the flow of South African investments into Zimbabwe and will also secure the protection thereof. It is important for South Africa to aid this recovery to alleviate the burden placed on South African government resources by Zimbabwean immigrants.
For more information, contact:
Sidwell Medupe
Tell: 012 394 1650
Cell: 073 522 6801
E-mail: MSMedupe@thedti.gov.za
Lillian Mofokeng
Tel: 082 888 8362
E-mail: lmofokeng@thedti.gov.za
Issued by: Department of Trade and Industry
26 November 2009
Source: Department of Trade and Industry (http://www.thedti.gov.za/)
